82R11263 MCK/SJM-D
By: Bonnen H.B. No. 2573
A BILL TO BE ENTITLED
AN ACT
relating to the protection of children from abuse or neglect;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 261.101(a) and (b), Family Code, are
amended to read as follows:
(a) A person who suspects [having cause to believe] that a
child has been abused or neglected [child's physical or mental
health or welfare has been adversely affected by abuse or neglect]
by any person shall immediately make a report as provided by this
subchapter.
(b) If a professional suspects [has cause to believe] that a
child has been abused or neglected or may be abused or neglected, or
that a child is a victim of an offense under Section 21.11, Penal
Code, and the professional suspects [has cause to believe] that the
child has been abused as defined by Section 261.001 or 261.401, the
professional shall make a report not later than the 48th hour after
the hour the professional first suspects that the child has been or
may be abused or neglected or is a victim of an offense under
Section 21.11, Penal Code. A professional may not delegate to or
rely on another person to make the report. In this subsection,
"professional" means an individual who is licensed or certified by
the state or who is an employee, volunteer, or independent
contractor of a facility licensed, certified, or operated by the
state and who, in the normal course of official duties or duties for
which a license or certification is required, has direct contact
with children. The term includes teachers, nurses, doctors,
day-care employees, employees of a clinic or health care facility
that provides reproductive services, juvenile probation officers,
and juvenile detention or correctional officers.
SECTION 2. Section 261.102, Family Code, is amended to read
as follows:
Sec. 261.102. MATTERS TO BE REPORTED. A report should
reflect the reporter's suspicion [belief] that a child has been or
may be abused or neglected or has died of abuse or neglect.
SECTION 3. Section 261.109(a), Family Code, is amended to
read as follows:
(a) A person commits an offense if the person suspects [has
cause to believe] that a child has been abused or neglected [child's
physical or mental health or welfare has been or may be adversely
affected by abuse or neglect] and knowingly fails to report as
provided in this chapter.
SECTION 4. Subchapter B, Chapter 420, Government Code, is
amended by adding Section 420.033 to read as follows:
Sec. 420.033. MANDATORY EVIDENCE COLLECTION FOR CERTAIN
SEXUAL OFFENSES. (a) In this section:
(1) "Department" means the Department of Public Safety
of the State of Texas.
(2) "Director" means the public safety director of the
department.
(b) In accordance with the rules adopted under Subsection
(c), a physician who performs an abortion shall collect and submit
to the department a fetal tissue sample extracted during the
performance of the abortion if the physician:
(1) performs the abortion on a child who is younger
than 14 years of age; and
(2) knows or should reasonably believe that the child
is the victim of an offense described by Section 21.02, 21.11,
21.12, 22.011, 22.021, 25.02, or 43.25, Penal Code.
(c) The director by rule shall prescribe:
(1) the amount and type of fetal tissue to be collected
and submitted by a physician under Subsection (b);
(2) procedures for the proper preservation of a fetal
tissue sample submitted under Subsection (b);
(3) procedures for documenting the chain of custody of
a fetal tissue sample collected and submitted under Subsection (b);
(4) procedures for the proper disposal of a fetal
tissue sample submitted under Subsection (b);
(5) a uniform reporting form for use by a physician
when submitting a fetal tissue sample to the department, which must
include:
(A) the name and business address of the
physician; and
(B) the name and residence address of the parent
or legal guardian of the child on whom the abortion was performed;
and
(6) procedures for communicating with law enforcement
agencies regarding evidence obtained under this section.
(d) The department shall preserve the submitted sample
until the 10th anniversary of the date on which the department
received the sample.
(e) A violation of this section is grounds for disciplinary
action and imposition of an administrative penalty by the Texas
Medical Board.
(f) A physician commits an offense if the physician fails to
comply with this section or rules adopted under this section. An
offense under this subsection is a Class A misdemeanor.
SECTION 5. (a) Not later than December 1, 2011, the public
safety director of the Department of Public Safety of the State of
Texas shall adopt the rules required by Section 420.033(c),
Government Code, as added by this Act.
(b) Notwithstanding Section 420.033, Government Code, as
added by this Act, a physician is not required to collect or submit
a fetal tissue sample under that section before December 1, 2011.
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2011.